tag:www.mchenrylaw.com,2013-03-21:/blog/763692018-12-14T01:10:52ZMovable Type Enterprisetag:www.mchenrylaw.com,2018:/blog//76369.35479332018-12-14T01:11:52Z2018-12-14T01:10:52Z
Nothing prepares you for a rear-end accident. You're just sitting at a red light, waiting for it to turn green, thinking about what you need to get from the store. Suddenly, there is the squeal of tires on the pavement and another car slams into the back of your vehicle.

Even though it is a low-speed crash and you have more protection than you would in a head-on crash, you could suffer serious injuries in the accident. A few potential issues to watch out for include:

Whiplash, which happens when your head moves violently, and you injure your neck and spine

A concussion from your head hitting the seat or the wheel

Soft tissue damage

Bruises

Lacerations

Torn or damaged tendons

Torn or damaged ligaments

Nerve damage

Shoulder pain

Back pain

Blood clots

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These are just a handful of potential injuries noted by medical professionals, but it is clear that they can have a drastic impact on your life going forward.

It is also important to note that the rush of adrenaline you feel when you get into the accident can mask some of your symptoms and hide them for a short time. You may think you're not hurt and count yourself lucky, but then you may start experiencing symptoms hours or even days later. It's always best to talk to a medical professional to make sure that you are all right. Never assume anything.

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tag:www.mchenrylaw.com,2018:/blog//76369.35367272018-12-07T16:41:30Z2018-12-07T16:40:30Z
You and your spouse have been arguing a lot, and you finally decide to move out. You live apart for a year. You have your own apartment, you buy your own car and you have to purchase a lot of other things for yourself. You're still married, but you have to operate on your own.

When you finally get divorced, is the property you bought going to count as marital property? Or is it separate property? This makes a big difference when dividing assets.

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Generally speaking, it depends on what type of separation you had. You can go through a legal separation, which is very similar to a divorce but which does not terminate the relationship. You still get to make decisions about child custody, property division and other things that would normally be part of the divorce. If it's a legal separation, then you already divided your marital assets and new ones can likely belong to you alone.

However, many couples split up unofficially, in something that is known as a trial separation. From a legal standpoint, nothing changed. You're still a couple, even though you live in two different locations. That means that all of your assets, no matter who bought them, may still count as marital assets. You'll have to divide them.

Of course, there are ways around this. For instance, you could use a postnuptial agreement to protect yourself. But you need to be wary about staying married and living on your own, as it can make that eventual divorce much more complicated. Make sure you are well aware of your legal rights.

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tag:www.mchenrylaw.com,2018:/blog//76369.35296822018-12-02T12:31:34Z2018-12-02T12:30:34Z
When you get behind the wheel of your vehicle, your first priority may be to find the right station on the radio. After all, you want your commute to be comfortable, right? As part of that comfort, you may forgo wearing a seat belt because you feel too restricted or that seat belts are uncomfortable, especially during long drives.

If you do not buckle up every time you get in a vehicle, you are not only breaking Nebraska law, but you are also putting yourself in considerable danger. Seat belts are in place as necessary safety features in vehicles. If you choose not to utilize this feature, you may significantly regret that choice later.

Avoid tickets: If you buckle up every time you drive, you will avoid getting ticketed by police officers for that violation. Avoiding tickets may also help keep your insurance rates low.

Increase airbag effectiveness: You may think you do not need a seat belt because your airbags will protect you in the event of a crash. However, airbags are designed to work with seat belts, and if you do not wear yours, airbags may not protect you either.

Ejection prevention: Feeling restricted in a seat belt is part of the point. The belt keeps you restrained so that you do not get ejected from the vehicle in the event of a crash.

Injury reduction: Overall, seat belts reduce your risk of suffering serious injuries in an accident. They can even save your life and the lives of your passengers.

Whatever reason you give yourself for not wearing a seat belt is not worth your life. Making sure that you fasten your seat belt and that your passengers do too could save lives.

Impacts on compensation

Additionally, if you are involved in a serious car accident caused by another driver, you may want to pursue compensation for your injuries and other damages. However, if you did not have your seat belt on at the time of the crash, that detail could greatly reduce the amount of compensation you could receive. You could even miss out on an insurance payout entirely. Therefore, you may want to reconsider your excuses and buckle up.

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tag:www.mchenrylaw.com,2018:/blog//76369.35281302018-11-30T00:26:43Z2018-11-30T00:25:43Z
When deciding if they should get a divorce, parents often worry about the impact that it is going to have on their children. Will changing their lives so dramatically cause them any sort of long-lasting harm or emotional distress?

While it is wise for parents to think about their children and put them first, experts do agree that most kids adjust over time and end up doing very well, even if their parents are not together. They can be happy and healthy in this new living situation.

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This is not to say that it's not tough for them, especially at first. It's a significant adjustment, just like it is for their parents. Their routines change. They may have to move. They may worry about when they'll see their parents. They have to get used to a new child custody schedule.

How long should you expect children to have to deal with the emotional downside of divorce? Typically, experts agree that it lasts for about 24 months, or two years. By that point, most children make a rapid recovery and adjust very well. While some kids take longer, they are certainly in the minority.

What parents should take away from this is that their divorce needs to center on the kids. They should strive to figure out a custody schedule that caters to the children's needs. They should try to give them similar routines and keep them involved with the same schools, friends and peer groups. Understanding all of the potential custody options can reduce the short-term impact so that children recover even faster than the average.

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tag:www.mchenrylaw.com,2018:/blog//76369.35165512018-11-23T18:27:43Z2018-11-23T18:26:43Z
As you drive through an intersection, another car runs a stop sign and slams into you. Then, to your astonishment, the other driver gets out of the car and starts yelling at you, saying that you caused the crash.

You can hardly believe it. The crash clearly happened because the other driver failed to stop at the sign. You're not sure how anyone could ever read anything else into it. But that driver is outraged and denies responsibility for the crash.

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While this is frustrating, you really should not be shocked. People often refuse to admit fault or try to blame someone else after an accident. In one study, just 5 percent of those involved in accidents said that they caused them. A total of 80 percent said that the other driver had the ability to prevent the wreck but failed to take proper action to do so.

In addition, when surveys ask drivers how their safety and skill compares to those around them, most drivers think they are above average in those categories. That's a statistical impossibility, but it shows just how common this mindset is. People always think they are excellent, safe drivers, and they blame everyone else for making critical errors.

This is flawed thinking, of course. Driver error causes most crashes. Everyone can't be safe and skilled. Many times, people who think they did nothing wrong actually caused those wrecks. If you get injured in one of these accidents, make sure you know your rights and how to seek financial compensation, especially if the other driver wants to blame you for the crash.

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tag:www.mchenrylaw.com,2018:/blog//76369.35116012018-11-16T17:42:47Z2018-11-16T17:41:47Z
Do you assume that you'll never face criminal charges because you never break any "serious" laws? You don't sell drugs or rob banks or steal cars. You consider yourself an upstanding and law-abiding citizen.

This may be true, but the reality is that people often break the law without even thinking about it. The best example, perhaps, is the speed limit, which it seems like everyone breaks on a fairly consistent basis. But there are many more laws that average people ignore all the time.

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For instance, have you ever played poker with your friends and bet money on the hands? You may have broken the law and engaged in illegal gambling.

Have you ever connected to a WiFi connection that was not yours, just because the person forgot to put a password on it? This is so common that people often joke about "stealing" WiFi as if it is the other person's fault for not securing the connection. In actuality, you may be breaking the law with that unauthorized use.

Here's another one: Have you ever shared or "borrowed" medication from a family member or a friend? Maybe you forgot your ADHD medication at college and took a pill from your sibling during a weekend visit home. Maybe one of your friends had leftover painkillers after surgery and gave them to you to help with an injury. Sharing prescription drugs is illegal, even if no money changes hands.

Maybe you haven't done any of these things, but the point is that there are plenty of examples of everyday behaviors that break the law. Never assume you won't end up facing criminal charges over something you never considered a big deal. Make sure you understand your legal options if you do by talking to an experienced defense attorney.

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tag:www.mchenrylaw.com,2018:/blog//76369.35048432018-11-09T18:14:27Z2018-11-09T18:13:27Z
How do you feel about alimony during divorce? Your answer may largely depend on your age.

Alimony, also called spousal support, is essentially when one spouse has to continue to pay the other monthly financial support even after a divorce. It can be a bit controversial. As you can imagine, the spouse who is ordered to pay often does not want to do so, especially if he or she was not the one to file for divorce in the first place.

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When financial experts asked older couples what they thought of alimony, most of them felt that it was useful and had a place in modern divorce law. Some of these couples were even involved in second marriages already. They felt it was useful when one person had little or no income of their own.

When younger men and women faced the same question, they often said that alimony was antiquated and no longer needed. They felt like it was something that should have been left in the past. Many of these people were not yet in their forties.

One potential reason for this change in view could be the changes in the workforce. It used to be that men usually worked and women did not. Older generations may still cling to this idea. Modern couples often both work, so it is harder for them to see the need for alimony. If they both have a job and an income, they feel that they can be individuals and take care of themselves.

No matter your point of view, it is important to carefully consider all of your rights and obligations during a divorce.

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tag:www.mchenrylaw.com,2018:/blog//76369.34985202018-11-05T14:22:41Z2018-11-05T14:21:41Z
Over the years, we have learned that many defendants in Lincoln, Nebraska, expect their criminal defense lawyer to make all of the important decisions on their behalf. While there is no underestimating the importance of hiring the right attorney, defendants charged with any criminal activity should take an active role in the process.

When an attorney and a defendant work together cooperatively, it improves the chances of creating an effective criminal defense strategy. Beginning with the initial consultation, the candid discussions you have with your lawyer lay a sturdy foundation upon which to build a winning defense. This is the case with a misdemeanor DUI charge as well as with serious felony charges like assault or homicide.

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As your attorney learns more about you and the details of your case, he or she will gain a better understanding of how to defend you to the court. At the same time, you will be able to tell your personal story to someone that will truly listen and use your own life experience to strengthen your case. This kind of mutual sharing and strategizing makes a good recipe for success when it is time to go before a judge.

Not many people understand that the "picture" of an alleged crime contains more than the eye can see. A criminal defense attorney with experience, vision and strategic skill is one of these people. As you come to trust your lawyer, you will see that it really does take the both of you working together to fight the charges against you effectively. We invite you to explore our website to discover other ways a defense attorney will advocate for you from start to finish.

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tag:www.mchenrylaw.com,2018:/blog//76369.34967082018-11-04T01:16:05Z2018-11-02T17:00:37Z
Nebraska has its fair share of farmers. Many of whom are married couples who own and work their farms together. When these couples divorce, a number of complications may arise that can prove difficult to resolve.

Why is divorce considered more complicated for couples who own farms? Is there anything farming couples can do to ease the divorce process?

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A little farm couple divorce history

Historically speaking, the divorce rate among farm couples is lower than the divorce rate of the general population. There was a brief time in the 1980s where there was a noticeable increase in divorces between farm couples but, according to the National Center for Family and Marriage Research at Bowling Green State University, the divorce rate for this particular group of individuals has been on the decline since 2012.

Complications of a farm couple divorce

A number of legal complications can present themselves in these cases. First off, there is the ownership issue. Your farm is not just your family home; it is your business. It is likely your sole source of income. Whom will keep ownership can be a tough thing to figure out, especially if you and your spouse have both put so much time, sweat, money and tears into making your farm successful.

Then there are debt issues. Many farmers have debts. Running a farm is expensive. When getting a divorce, both parties may be responsible for paying the debt. Whom will pay how much will need to be figured out and included in the divorce settlement.

Finally, the retirement fund issue needs addressing. As farmers are often self-employed, they are responsible for setting up and funding their own retirement funds. These funds are subject to division in divorce.

Easing the divorce process

Prenuptial agreements can ease the divorce process if the desire to end your marriage ever enters the picture. Of course, creating this agreement takes planning and preparation before the marriage. Many people often fail to consider this protection. Post-nuptial agreements may also offer some protection. In either of these documents, what each spouse should walk away with in the event of divorce can be written clearly in black and white.

If no protections are in place, the couple can work together to negotiate what they believe is a fair division of assets, or they can take the matter to court. Either way, legal counsel can be there from beginning to end, working for the best interests of the client.

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tag:www.mchenrylaw.com,2018:/blog//76369.34957842018-11-02T01:18:02Z2018-11-02T01:17:02Z
It is important to plan ahead for a divorce, giving you a chance to set yourself up for success after your marriage ends. But how do you know if the end is coming in time to plan?

The key is to look for red flags before your spouse actually files for divorce. These 10 examples could mean your relationship is going to end:

When you say something they disagree with, your spouse tends to roll their eyes.

They do not always respect your emotional or physical boundaries.

They do not get along with your family; remember, you cannot change your family, so those conflicts may always exist.

They try to pull you away from your friends, driving a wedge between you and your longest relationships.

They are not kind to their own family members, including their parents.

They insult you whenever the two of you disagree or get into an argument, rather than discussing things in a rational and mature manner.

The two of you just do not have the same schedule, so you're forced to sleep at different times and you spend a lot of time apart.

They experience mood swings, and you never know what to expect.

They have a history of being unfaithful in relationships, even if it hasn't happened to you -- yet.

They keep secrets from you, or you keep secrets from them.

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You can often feel a relationship starting to fray before it actually ends. As it moves closer to an official split, make sure you know all of the rights you have and what steps to take during the divorce process.]]>
tag:www.mchenrylaw.com,2018:/blog//76369.34904892018-10-26T08:53:41Z2018-10-26T08:52:41Z
Despite everything that we know about the dangers of driving while intoxicated, you still know that people do it every single day. It happens even more on the weekends. There's always the risk that someone who is impaired by alcohol or drugs is going to run into you and leave you with life-changing injuries.

So how do you avoid it? When should you try not to be on the roads?

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The answer is simple: At night. If you are still out after dark, especially on the weekends, you put yourself in far more danger than if you drive during the day and safely settle in at home for the evening.

One study found that 53 percent of all the deadly accidents that happened from 9:00 p.m. to 12:00 a.m., were caused by alcohol. From midnight until 6:00 a.m., that percentage soared all the way to 71 percent.

This does not mean that deadly accidents do not happen during the day or that drunk driving doesn't happen before the sun goes down. Some accidents even happen early the next morning when people do not realize they are still intoxicated from the night before.

However, it does show you when the percentages of deadly DUI accidents tend to be the highest. To protect yourself and your family, this is when you want to stay off of the roads.

Of course, doing so is not always possible. You may have to drive for work or school. You may need to run errands with what little time you have. If you do get hit by a drunk driver, make sure you know how to seek financial compensation for your medical bills, lost wages and the like.

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tag:www.mchenrylaw.com,2018:/blog//76369.34845242018-10-19T19:02:51Z2018-10-19T19:01:51Z
When a person is driving while intoxicated, they put themselves and others at risk of serious injuries and death. It's because of that problem that so many intoxicated drivers end up behind bars.

The police want to make sure they can't hurt others, but they also need to know the individual will get home safely. Unfortunately, charges carry a heavy burden as well, which is why a defense attorney is someone many people with pending DUIs work with.

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When someone who drinks and drives does end up in a crash, it can result in life-altering consequences. Take, for example, this story about a 28-year-old man who is now facing motor vehicle homicide charges along with charges for driving under the influence. If he is convicted, he could face up to 23 years in prison.

The man caused a head-on collision. He has argued that, while he was intoxicated to a degree, he believed that an abandoned road was part of the westbound lanes. Instead, it meant he had actually crossed the center line. He struck a Mitsubishi head-on, causing the driver to die and the passenger to be in critical condition.

Blood alcohol tests showed that the man was just at or above the legal limit, testing .08 and .09 percent. A witness further shored up the evidence by stating that they smelled alcohol on the man's breath following the crash.

The circumstances of this case are unusual because of the abandoned highway that borders the road. It is possible to be confused about the layout, which adds additional concerns to the man's argument for innocence.

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tag:www.mchenrylaw.com,2018:/blog//76369.34717422018-10-11T12:59:36Z2018-10-11T12:58:37Z
At one time, driving meant getting behind the wheel, pointing your vehicle in a direction and moving from point A to point B. During these early years of traveling via motor vehicle, there were no cellphones or other things that could steal away your attention. Obviously, the world of today is a much different place and is full of dangerous distractions.

As a whole, most people in Nebraska have a good understanding of the risks involved with distracted driving. They know that losing focus on their vehicles, the traffic patterns and the roads can result in car accidents that cause severe injuries. Even with this knowledge, car crashes caused by distraction still occur, leaving victims in need of legal assistance to help mitigate their suffering.

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The following section lists three of the top distractions that may lead to car accidents. The No. 1 distraction might surprise some of you.

Outside distracters

Looking at people, objects and events outside of the vehicle is the third leading cause of distracted driving car accidents.

Cellphones

As most of you might expect, the use of cellphones leads to many distracted driving car accidents, but there is still one distraction that beats out phone use while driving.

Wandering minds

This might sound unlikely, but it turns out that losing yourself in your thoughts is the top reason distracted driving crashes occur according to SafeStart, a safety training organization.

Other distractions that may result in an accident include eating, smoking, moving or reaching for objects and adjusting a vehicle's controls. Driving while distracted is dangerous and in many cases, unlawful. Those victimized in these preventable car accidents may seek compensation by speaking with a legal professional.

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tag:www.mchenrylaw.com,2018:/blog//76369.34644692018-10-05T15:39:15Z2018-10-05T15:38:15Z
If you are innocent of the charges filed against you, why would you need to create a criminal defense strategy? Unfortunately, far too many wrongful convictions have left innocent people imprisoned for crimes they didn't commit. If you need proof of this, we invite you to browse the cases highlighted on the Innocence Project website. Instead of risking your freedom and becoming another statistic, it is better to be proactive about the charges against you.

It is safe to say that most people in Nebraska are not familiar with how the criminal justice system operates. If the police arrest you for a serious offense such as murder, homicide, assault or battery, prosecutors decide if enough evidence exists to convict you. If they feel confident about the case, these prosecutors work hard to secure a conviction.

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Sometimes, defendants think they have a good chance of beating the charges they face alone. However, when these defendants are not receiving legal support, they can make serious mistakes that could place their freedom in jeopardy. For example, without advice from a criminal defense attorney, defendants could unknowingly say or do something that strengthens the prosecution's case.

We understand that mounting a defense when you did nothing unlawful can feel like an admission of guilt. What we should never forget it that it is our right to defend ourselves in the face of criminal charges. Doing nothing or ignoring the charges because you know you are innocent is not a sound strategy.

We encourage those charged with a crime to learn more about their rights and criminal defense options. Reading the information available on our website and our blog is a great way to get started.

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tag:www.mchenrylaw.com,2018:/blog//76369.34538882018-09-28T07:31:35Z2018-09-28T07:30:35Z
Your family may be one of many in Nebraska who has raised a dog or cat since the animal was newly born. Such pets become like members of the family and parting with your pet may be a thought that makes you terribly sad. Now that you've decided to divorce, you may also want to think about your pet's future, namely, which spouse will get the pet?

Most courts still consider this a property division topic although more and more judges are open to the idea of executing a plan similar to a custody agreement regarding your dog, cat or other family pet. With careful planning and willingness to cooperate and compromise, you may be able to devise a fair and agreeable post-divorce pet plan.

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Ideas to consider

On one hand, you might think it would be easier to simply re-home your pet so that you and your ex are not drawn into a fight over it. However, the following list includes reasons why that might not be the best idea for your family, especially if you have children:

Pet therapy is a real thing that often helps comfort people in crises. Especially if your kids are having trouble coming to terms with your divorce, having their pet by their side may help them cope.

Maintaining a sense of routine and normalcy helps families of divorce adapt to new lifestyles. You'll be facing quite a few changes already; such changes do not necessarily have to include saying goodbye to a pet that you love.

You may be able to include pet instructions in your child custody plan.

If your kids will be traveling back and forth between two households, you may allow them take their pet with them as well, which means that both parents will share in the responsibility of providing pet care and the burden will not fall to one person only.

Perhaps your pet can live with you for part of the year and with your ex for the rest of the time. If you don't have children, this type of arrangement may work best.

Is it possible to find another family to adopt your pet? It might be, but is it necessary? Perhaps, not. If you and your spouse can agree on who will pay expenses for things like pet food, vet bills and other pet-related costs, then you may decide that the best thing for everyone involved is to keep your pet and submit a pet care plan to the court for approval.